Legislative Implementation of Flexibilities - Brazil

Title:	Articles 183 to 186 of the of the Industrial Property Law No. 9.279 of 14/05/1996, as last amended by Law No. 10.196 of 14/02/2001
Field of IP:	Patents
Type of flexibility:	Criminal sanctions for patent infringement
Summary table:

Provisions of Law

183. A crime against an invention or utility model patent is perpetrated by anyone who:

I. manufactures a product that is the object of an invention or utility model patent, without authorization from the titleholder; or

II. uses a means or process that is the object of an invention patent, without authorization from the titleholder.

Penalty-imprisonment, from 3 (three) months to 1 (one) year, or a fine.

184. A crime against an invention or utility model patent is perpetrated by anyone who:

I. exports, sells, displays or offers for sale, has in stock, conceals or receives, with a view to use for economic purposes, a product manufactured in violation of an invention or utility model patent, or obtained by a patented means or process; or

II. imports a product that is the object of an invention or utility model patent, or obtained by a means or process patented in this country, for the purposes set forth in the preceding Item, and that has not been placed on the foreign market directly by the patentholder or with his consent.

Penalty-imprisonment, from 1 (one) to 3 (three) months, or a fine.

185. Supplying a component of a patented product, or material or equipment to execute a patented process, provided that the final application of the component, material or equipment leads necessarily to the exploitation of the object of the patent.

Penalty-imprisonment, from 1 (one) to 3 (three) months, or a fine.

186. The crimes in this Chapter are determined to have been committed even when the violation does not affect all the claims of the patent or is restricted to the utilization of means equivalent to the object of the patent.